I-134 Avidavit of support, HELP!

[Rob and Melinda 0]

Okay, I am confused here. I have just heard that on a K-3 visa you cannot have a co-sponsor but on a I-130 you can have a sponsor with the I-864 avidavit of support, is this true?

I have a close friend who has already given me all the docs to be a co-sponsor. Today I heard that he cannot help me with the K-3 I-129F petition.

Secondly, if you cannot have a co sponsor on K-3 and you do not have 3 years tax returns because this year is your first year of income, all you have are check stubs and a letter from your employer, what do you do?

I have been a pastor for 10 years at a little church where I did not take a salary so as to not be a burden to the church. My deceased wife had a good military retirement that allowed me to do this. All her income ended when she passed away. Beginning this year I just started receiving a full salary.

I make more than enough income that is required to be a sponsor for my wife, and have cash assets, and much equity in my house that offsets my lack of proof of income.

Will the check stubs, letter from my employer and assets be enough for me to qualify for my wife's fiancial sponsor?

Or Will I be denied being my wife's sponsor?

Help Aussie, Yodrak and all you who are veterans here on VJ!!!

Thanks for Any advice here

Rob

[YuAndDan 153]

If your income is 125% or more than poverty line then co-sponsor is not nessasary, Ues the new I-864EZ form it only requires 1 year tax forms, and recomend have a copy of past 6 months pay stubs. Alos letter from employer is not needed.

Fewer financial documents required. In the past, financial sponsors had to submit three years' worth of tax returns, plus six months of recent pay stubs and a letter from their employer. Now you’ll need to submit only one year's worth of tax return copies, nothing more. However, some attorneys recommend that you continue to supply as many documents as in the past, so as to leave no doubt regarding your financial ability.

Optional, easier version of form I-864. The new Form I-864EZ can be used by sponsors if all three of the following are true:

You were the person who filed the visa petition (Form I-130) on behalf of the immigrant.

Only one immigrant was included on the visa petition (for example, you're not also asking that the immigrant's children be brought to the United States.

Your salary or pension is enough to qualify you as a sponsor; in other words, you're not relying on your assets, or on other people to provide joint sponsorship.

http://www.uscis.gov/graphics/formsfee/forms/index.htm

[aussiewench 9]

Rob

It isnt that a joint sponsor cannot be used for K visas. However a few consulates, in this case Manila, have not been accepting joint sponsors for K visas. The I-134 is one tool that a consulate may use to determine if an applicant will or wont become a public charge and requirements do vary from consulate to consulate as to what documentation they require and what they wont accept.

You also do have the option of doing the CR-1. Your I-130 is approved and will take approx 2-3 months through NVC process depending on if you use James Shorts and any hold ups with background/security checks. An interview with the approved I-129F for the K-3 is taking approx 4 months from the time Manila consulate receives your case. If the I-130 reaches the consulate prior to the K-3 interview it will over-ride it.

Yes you can use a joint sponsor with the I-864.

[YuAndDan 153]

One other thing you can use a co sponsor on any K1 or K3 petition. Read the directions that come with the I-864 it dose I-129F, use the newest I-864 not the EZ the I-864 allows for co-sponsor the co-sponsor fills out an I-864A from the USCIS website, again it has less document requirements.

Form I-864 instructs you to have co-sponsor use I-864A.

[aussiewench 9]

One other thing you can use a co sponsor on any K1 or K3 petition. Read the directions that come with the I-864 it dose I-129F, use the newest I-864 not the EZ the I-864 allows for co-sponsor the co-sponsor fills out an I-864A from the USCIS website, again it has less document requirements.

Form I-864 instructs you to have co-sponsor use I-864A.

Incorrect. Not all consulates will accept a joint sponsor with a K visa. Manila is one of them. The I-854 is NOT for use with the I-129F, as it is used for immigrant visas (CR/IR-1) and adjustment of status. The joint sponsor does not complete form I-864A as this is a contract between household member and sponsor when the household member/s income will be used on the sponsors I-864. A joint sponsor must complete their own I-864.

[Rob and Melinda 0]

Aussie,

Will the embassy in manila then accept only this years income and proof of it by my check stubs and letter from my employer? Sice I was not required to file in the past years?

I make 3X's the poverty level!

Also, what about the cash I have in he back and the equity in the house, the guides state that this equity in the house can be used to offset income if it can be proven by documentation such as an appraisal vs amount owed, which I already have.

Thanks again for the help!!!

Rob and Melinda

[aussiewench 9]

Aussie,

Will the embassy in manila then accept only this years income and proof of it by my check stubs and letter from my employer? Sice I was not required to file in the past years?

I make 3X's the poverty level!

Also, what about the cash I have in he back and the equity in the house, the guides state that this equity in the house can be used to offset income if it can be proven by documentation such as an appraisal vs amount owed, which I already have.

Thanks again for the help!!!

Rob and Melinda

Im not overly familiar with Manila, but in general what a conof will look at is totality of circumstances. There are many threads on the I-134 for Manila in the Regional Forums that should be able to give you a good indication of how you may fair at the interview.

If you do end up doing the CR-1, only one year, the most recent is now required for the I-864.

[sowens 0]

Rob, as Aussie has more experience her advice is very sound, someone told me the same thing about the I-134, however I rang the embassy in Dublin and they said that they would accept a joint sponsor. I would ring the embassy and explain the situation, they may work with you or accept the JS. Good Luck!

Sherry

[SilkRoad 0]

I have direct deposit and do not have 6 mo of pay stubs because of mistake on my home address. I can show my bank statements and highlight the deposits from my employer over the last 6 mon. Does anyone know if this would be acceptable?

[Libersolis 0]

I only recently graduated college and am having to use a co sponsor. Is there any way to know what countries allow them and what countries don't?

[khattak 1]

I have direct deposit and do not have 6 mo of pay stubs because of mistake on my home address. I can show my bank statements and highlight the deposits from my employer over the last 6 mon. Does anyone know if this would be acceptable?

I have direct deposits too but the employer must send u a pay statement. You can ask for the previous statment.